Lansing DUI attorneys are always on top of all developing legal news and issues. This way, we can help you better in defending your cases.
On January 13, 2020, the Michigan State Police announced that it would “take all 203 Datamaster DMT evidential breath alcohol testing instruments out of service.” To ensure that each instrument is calibrated properly, MSP will handle their inspection and verification. Until then, however, MSP recommends that police forces use blood draws to establish evidence of driving under the influence of alcohol.
Why Did MSP Pull Out Datamaster Breathalyzers?
MSP hired a third-party company to calibrate and maintain the Datamaster Breathalyzers the police force is using. The company is alleged to have been falsifying documents, therefore compromising the integrity of the instruments. The revelation opened up possibilities that some breathalyzers used may not have been working correctly, and could have provided incorrect BAC results.
The State Police announced as of January 14, 2020, that alleged discrepancies and inaccuracies were found in Datamaster instruments in the following offices:
- Alpena County Sheriff’s Department
- Beverly Hills Police Department
- Detroit Detention Center
- Montcalm County Sheriff’s Department
- Niles Law Enforcement Center
- Pittsfield Township Police Department
- Tecumseh Police Department
- Van Buren County Sheriff’s Department
The discrepancies found included failure to issue certifications on time, incorrect recording elements, and sharing passwords with personnel.
The first discrepancy reported was found in Montcalm County Sheriff’s Department. A technician allegedly signed the machine’s maintenance log but did not indicate the reason for the visit.
Investigators believed that the third-party company in charge of the Datamaster instruments forged maintenance documents at other offices and locations.
What does this mean for you?
If you have no pending DUI case, you are now aware that a breathalyzer cannot be used against you should you be pulled over. A blood test must be done to charge you with a DUI case.
- If you were charged with a DUI case using evidence from a Datamaster, does this mean you’re off the hook? Not necessarily.
- If you think your DUI case is affected by this issue, contact a Michigan DUI lawyer immediately. A reputable Michigan lawyer who is an expert in DUI cases can examine your new options with this latest development.
One word of caution, though: this does not mean that all DUI cases with a Datamaster involved are flawed. That does not automatically mean that all such DUI cases will be dismissed. Some working and effective Datamaster breathalyzers have been re-calibrated and were returned for use as of January 16, 2020.
What can a Lansing DUI Lawyer do for you?
An honest and reputable DUI lawyer will take a look at your case and carefully study your available options. He will not try to lure you in with false promises to making your DUI case simply go away because it will not. Your Michigan DUI lawyer will need to get and then examine the pieces of evidence of your case. It is not an overnight process. Your lawyer will need to obtain documents and records, review them, and go to court to present your case before a judge.
It will be a tedious and tiresome process, and it will cost you money. It is crucial that before you proceed, your lawyer has carefully and thoughtfully examined the facts of your case. Not much can be done for some offenders, like those who have rear-ended a parked car or have failed in all sobriety tests.
Also, even if a judge rules your breath evidence inadmissible, it doesn’t entirely cancel your OWI charge. The prosecutor may still have other evidence and record to support the accusation. The prosecutor is just left with a DUI case without breath evidence to support it. It is important to proceed carefully. It is safe to say that some DUI convictions may be undone or renegotiated. However, some convictions may not be affected at all. The same is true for pending DUI cases.
Do you have a pending DUI case? Call The Clark Law Office now.
Whether you have been convicted of DUI or your case is still pending, you must seek immediate legal assistance. An experienced Michigan DUI lawyer can help you with your questions on this latest development.
The Clark Law Office boasts of experienced attorneys who are well-versed in Michigan state laws. Our team can help you understand your case and look for better options. Call us now and let us talk about how we can assist you.
